LTB Order LTB-L-034570-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: ROCK SOLID PROPERTY GROUP 3 CORP v D., 2023 ONLTB 19757 2023 ONLTB 19757 (CanLII) Date: 2023-02-17 File Number: LTB-L-034570-22 In the matter of: 61 BACH BLVD BRAMPTON ON L6Y2W5 Between: ROCK SOLID PROPERTY GROUP 3 CORP Landlord And H.D. Tenant ROCK SOLID PROPERTY GROUP 3 CORP (the 'Landlord') applied for an order to terminate the tenancy and evict H.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 1, 2023. The Landlord and the Tenant attended the hearing. Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $2,900.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $95.34. This amount is calculated as follows: $2,900.00 x 12, divided by 365 days. 5. The Tenant has paid $7,800.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $28,600.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 6  File Number: LTB-L-034570-22 8. The Landlord collected a rent deposit of $2,100.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $38.58 is owing to the Tenant for the period 2023 ONLTB 19757 (CanLII) from November 1, 2021 to February 1, 2023. SECTION 83 CONSIDERATIONS 10. The position of the Landlord is that the Tenant has made minimal payments since filing the application. The Tenant’s payments are not in keeping with the lawful rent, and the arrears are growing every month. The Landlord submitted he has made several offers to the Tenant to work out a payment arrangement but the Tenant has not accepted those offers. The Landlord says the arrears are so high he has incurred the financial burden of carrying the mortgage on the rental unit and has had to pay the rental unit mortgage with a line of credit and with the recent increase in interest rates the Landlord is concerned he will fall further into debt. The Landlord requested a standard order for arrears and eviction. 11. The position of the Tenant is that he disputed the arrears, however the Tenant did not submit any evidence to the Board to support his claim. The Tenant claims he and the Landlord entered into a rent to own agreement, and he has been making payment a per the agreement the Landlord has not accounted for. The Tenant did not submit any evidence to the Board to support his claim. The Tenant requested three months to find a suitable place to live. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'). I weighed the Tenant’s request for a long delay of eviction against the quantum of arrears owed to the Landlord. As of the day of the hearing, the arrears are nearing the Board’s jurisdictional limit. I considered the Landlord’s submission with respect to him financing the rental unit mortgage through lines of credit against the Tenant’s long tenure in the rental unit. I considered the impact of COVID-19 on the parties and that the Tenant does not have young children or any persons with special needs that the Board needs to consider living with them, and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 13. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 14. This order contains all reasons for the determinations and order made. No further reasons will be issued. Order Page: 2 of 6  File Number: LTB-L-034570-22 It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2023 ONLTB 19757 (CanLII) 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $28,786.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after February 28, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before February 28, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $23,842.76. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $95.34 per day for the use of the unit starting February 2, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before February 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 1, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before February 28, 2023, then starting March 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after March 1, 2023. February 17, 2023 Date Issued Greg Brocanier Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page: 3 of 6  File Number: LTB-L-034570-22 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 1, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the 2023 ONLTB 19757 (CanLII) appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 4 of 6  File Number: LTB-L-034570-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before February 28, 2023 2023 ONLTB 19757 (CanLII) Rent Owing To February 28, 2023 $36,400.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,800.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $28,786.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $33,595.34 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,800.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,100.00 Less the amount of the interest on the last month's rent deposit - $38.58 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $23,842.76 Plus daily compensation owing for each day of occupation starting $95.34 February 2, 2023 (per day) Order Page: 5 of 6 File Number: LTB-L-034570-22 2023 ONLTB 19757 (CanLII) Order Page: 6 of 6